Workers’ Comp Frequently Asked Questions

If you’re looking for a New York Workers’ Compensation attorney who knows the law, understands the system, and knows how to win—Edward Seplavy is here to help. With over two decades of experience handling workers’ compensation claims across New York State, Edward has recovered hundreds of millions of dollars for injured workers, including some of the highest Section 32 settlements in the state.

He brings the same discipline and determination to his legal practice that he brought to his service as a U.S. Marine. He’s not intimidated by insurance companies or their lawyers—and he doesn’t leave money on the table.

This is all he does. And when you hire him, you get clear communication, honest advice, and a dedicated advocate who will fight for every dollar you’re owed.

Workers’ Compensation in New York State is a form of insurance that provides cash benefits and

medical care to employees who suffer job-related injuries or illnesses. Under the New York State Workers’ Compensation Law, most employers are required to carry workers’ compensation insurance to protect their employees. If you’re injured on the job or develop a work-related  illness, this system ensures you receive compensation for lost wages, necessary medical treatment, and other benefits—regardless of who was at fault. Injured workers in New York are entitled to several types of benefits, including:

• Medical treatment for your injury or illness

• Wage replacement (also called indemnity benefits) if you're out of work

• Scheduled Loss of Use (SLU) awards for permanent loss of use of a limb or body part

• Permanent partial or total disability classifications

• Section 32 settlements, which allow a lump-sum resolution of your claim

Navigating the New York Workers’ Compensation system can be complex. Insurance carriers

often try to minimize your benefits or deny your claim outright. That’s why it’s important to have an experienced New York workers' compensation attorney on your side—someone who understands how the system works, how to protect your rights, and how to fight for the maximum

compensation you're entitled to.

With over 22 years of experience representing injured workers, I’ve helped clients throughout New York recover tens of millions of dollars in benefits. If you’ve been hurt at work, don’t wait. Contact

my office today to speak with a knowledgeable workers' compensation lawyer in New York State who will fight for every dollar you deserve.

Rarely—but there are important exceptions. 

In most cases, if you're injured at work in New York, your right to compensation is limited to filing a workers’ compensation claim. The New York State Workers’ Compensation System is a no-fault system, meaning you can receive medical treatment and wage replacement benefits even if no one was negligent—or even if you were partially responsible. However, this no-fault protection also means that in nearly all cases, you cannot sue your employer or a co-worker for negligence.

Your employer is generally immune from a lawsuit, even if they were careless or reckless. The only time you may be able to sue your employer is if they intentionally tried to hurt you or engaged in conduct so egregious that it falls outside of typical workplace risks. There is also a very narrow

exception for“grave injuries” under New York law, which may allow a third-party defendant (like a general contractor) to bring a claim against your employer—but this doesn’t typically give the injured worker a direct cause of action. However, you may have the right to sue someone other than your employer if they contributed to your injury. For example, if you were injured on a construction site by a defective piece of equipment, or a delivery driver hits you while you're working, thatthird party may be held liable in a separate personal injury lawsuit. These third-party negligence claims are often more valuable than a standard workers’ comp claim because they can include damages for pain and suffering, which are not available through workers' comp benefits. At my law office, we don’t just file claims—we investigate every case to see whether a personal injury lawsuit or third-party liability claim is possible. With over 22 years of experience in New York Workers' Compensation law, I’ll help you  understand all your legal options, the pros and cons of pursuing a civil lawsuit versus a comp claim, and how to maximize the value of your case. If you were hurt at work and aren’t sure whether you can sue, contact our office today for a free consultation with a skilled New York workers’ compensation lawyer who will evaluate every angle of your case.

Yes—if a third party was responsible for your injuries, you may have a separate personal injury claim in addition to your Workers’ Compensation case. In New York State, Workers’ Compensation covers most job-related injuries. It’s a no-fault

system, meaning you can receive benefits without proving that your employer was negligent. However, Workers’ Comp generally bars you from suing your  employer or co-workers directly, even if they were careless. That said, many work-related injuries are caused—at least in part—by someone other than your employer, and in those situations, you can file a third-party personal injury lawsuit to recover additional damages. 

Real-World Examples of Third-Party Work Injury Claims:

1. Construction Site Accidents Involving Other Contractors

Construction workers are often surrounded by multiple contractors, subcontractors, and vendors—many of whom are not their employer. If another party creates a dangerous condition (like unsecured materials, faulty scaffolding, or missing safety equipment) and you’re injured as a result, you may sue them under New York Labor Laws §§ 200, 240(1), or 241(6). 

If you were injured on a New York construction site and suspect another contractor was at fault, contact my office to discuss a potential third-party Labor Law claim. 

2. Work-Related Car or Truck Accidents 

If you’re injured in a motor vehicle accident whiledriving for work—whether delivering goods, traveling to a job site, or attending a meeting—you may file a negligence claim against the atfault driver. This includes car crashes, pedestrian accidents, and being struck while loading or unloading a vehicle

Don’t assume you’re limited to workers' comp. If someone else caused the crash, I can help you pursue both comp and a third-party claim to maximize your recovery. 

3. Defective Machinery or Equipment 

Injuries caused by faulty machines, tools, or safety gear—such as malfunctioning ladders, saws, lifts, or protective equipment—may be the basis for aproduct liability claim. These lawsuits target manufacturers, distributors, or maintenance companies who failed to design, inspect, or warn about dangerous equipment.

If a defective machine or tool injured you at work, call my office. We’ll investigate whether a product liability case is possible and coordinate with trusted attorneys if needed.

4. Slip, Trip, or Fall on Third-Party Property

If you’re working on property not owned or maintained by your employer and you slip, trip, or fall due to unsafe conditions—such as wet floors, broken steps, or loose wiring—you may have apremises liability lawsuit. This includes shared office buildings,
customer locations, and commercial job sites.

Injured on someone else’s property while doing your job? Let’s talk. You may be entitled to more than just workers’ compensation.

5. Exposure to Hazardous Substances 

Workers exposed to toxic chemicals, asbestos, fumes, or hazardous materials may have longterm injuries or occupational diseases. If the exposure came from a product or substance manufactured or supplied by a third party, you may bring a toxic tort or chemical exposure lawsuit.

Exposure-related cases are complex. If you were harmed by chemicals or unsafe products at work, I’ll evaluate whether a third-party lawsuit is appropriate.

6. Negligent Security or Dangerous Shared Workspaces 

If you are attacked or injured due to inadequate lighting, broken locks, or lack of security in a shared space (like a commercial building, parking garage, or loading dock), the property owner or manager may be responsible under negligent security laws.

If you were injured due to unsafe conditions in a building you don’t control, let’s discuss whether a premises liability or negligent security claim can be pursued.

7. Injuries While Traveling for Work

While the “coming and going rule” usually bars comp claims during your commute, injuries during work-related travel are different. If you're hurt while traveling for business, at an off-site meeting, or staying in a hotel for work, you may be eligible for both Workers' Compensation and a third-party lawsuit.

Injured while traveling for your job?  Whether it was a hotel fall, rental car crash, or injury at a client site, I can help you understand all your legal options.

Why It Matters to Identify a Third-Party Claim

Third-party claims can dramatically increase the value of your case. While Workers’ Compensation covers medical bills and partial wage loss, it does not cover pain and suffering, emotional distress, or future lost earning capacity in full. If you were hurt on the job and think someone other than your employer may be responsible, you have the right to pursue

compensation through both systems.

Don’t leave money on the table. As a New York Workers’ Compensation attorney with over 22 years of experience, I’ll evaluate your case, coordinate with top personal injury lawyers when needed, and make sure your rights are fully protected every step of the way.

Contact our office today for a free consultation. We’ll review your injury, discuss who may be legally responsible, and guide you through both your Workers’ Compensation claim and any potential lawsuit.

If you’ve been injured in the course of your employment and are pursuing a Workers’ Compensation claim, it is essential to understand what qualifies as a causally related injury. Under New York Workers’ Compensation Law, benefits are only awarded when there is a clear and supported connection between your injury or illness and your employment.

To establish a compensable claim, you must demonstrate that the injury arose out of and in the course of employment — meaning that something about your job duties or work environment caused or contributed to your condition. This concept is known as causal relationship and is central to Workers’ Compensation eligibility.

The Legal Standard: Work Must Contribute to the Injury

Although Workers’ Compensation is a no-fault system, not every injury that occurs while you are at work is automatically covered. The law requires proof that your job duties or work environment caused, aggravated, accelerated, or exacerbated the condition in question.

To prove causal relationship, two essential components must be present:

Factual Evidence: A clear account of the work activity or incident that triggered the condition.

Medical Evidence: A competent medical opinion, to a reasonable degree of medical certainty, linking the condition to your work.

Pre-Existing Conditions: Work Must Act Upon the Condition

Employees frequently have pre-existing medical issues such as arthritis, degenerative disc disease, or a cardiac condition. These do not automatically disqualify you from benefits. However, for the claim to be compensable, there must be an identifiable work-related factor that acted upon that underlying condition — causing a new injury or a material worsening of the existing condition.

If the condition flares up without any identifiable work-related trigger, it may not be considered work-related and therefore may not be compensable under the Workers’ Compensation Law.

✅ Example (Causally Related):

A delivery worker with pre-existing back problems feels a sharp pain while lifting a heavy package at work. Imaging reveals a new disc herniation. A physician attributes the new findings to the lifting incident.

→ Compensable. Work activity clearly acted upon the condition and contributed to a new injury.

❌ Example (May Not Be Causally Related):

An office employee with a chronic heart condition experiences chest pain while seated at a desk. There is no physical exertion or work-related stressor involved.

→ This may not be compensable. Without a specific job-related factor contributing to the event, it may be deemed idiopathic in origin.

Common Examples of Causally Related Injuries

The following examples are common but not exhaustive. Every case must be evaluated on its individual facts and supported by competent medical evidence.

1. Workplace Accidents

Sudden events causing identifiable injuries:

✅ Slipping on a wet floor and injuring your back

✅ Falling from a ladder and fracturing a wrist

❌ Tripping due to a fainting spell caused by a personal medical condition

→ This may not be compensable unless work conditions contributed to the fall.

2. Repetitive Motion Injuries

Injuries that develop over time through repeated movements:

✅ Shoulder tendinitis from repetitive lifting

✅ Carpal tunnel syndrome from prolonged typing

❌ Joint pain that worsens over time without any identifiable change in job duties or exposure

→ This may not be compensable without a work-related aggravating factor.

3. Aggravation of Pre-Existing Conditions

Where work causes a material worsening of a prior condition:

✅ A flare-up of degenerative disc disease after a lifting incident at work

✅ Increased knee pain following a slip and fall at the job site

❌ Ongoing symptoms from a prior injury that have not changed and are unrelated to any new work incident

→ This may not be considered causally related without proof of aggravation.

4. Occupational Diseases

Conditions caused by long-term exposure to job-related hazards:

✅ Hearing loss from long-term exposure to loud machinery

✅ Lung disease due to inhalation of chemical fumes

❌ Respiratory symptoms caused solely by pre-existing asthma with no work-related environmental exposure

→ This may not be compensable absent proof of workplace contribution.

When Are Injuries Not Considered Work-Related?

Certain injuries, particularly those resulting from idiopathic conditions, may not be covered. An idiopathic condition refers to a personal medical issue not caused or aggravated by the work environment — such as seizures, heart attacks, or fainting spells unrelated to exertion or workplace stressors.

If an idiopathic event results in injury at work — for example, a fall — that injury may not be compensable unless some hazard unique to the workplace contributed to the injury (e.g., falling down stairs or onto sharp equipment).

What Is Required to Prove Causal Relationship?

To succeed in a Workers’ Compensation claim, you must establish:

A credible factual narrative, linking your injury or condition to your job duties or a specific workplace incident; and

A medical opinion, rendered to a reasonable degree of certainty, that your employment was a contributing factor in the development, aggravation, or acceleration of the condition.

The employment does not need to be the sole cause — only a contributing factor.

📞 Get Experienced Legal Help for Your Work-Related Injury

Workers’ Compensation claims are often denied on the grounds that an injury is not causally related to employment, especially when pre-existing conditions are involved. These cases require precise legal arguments and well-documented medical evidence.

Our firm has extensive experience litigating complex causation issues. We work closely with treating providers, review your medical history in detail, and advocate on your behalf before the New York Workers’ Compensation Board.

📲 Contact us today for a free consultation. We’ll assess your case, explain your rights, and help you pursue the benefits you're entitled to under the law.

My best advice is to call our office. There is no one-size-fits-all guidance, as every case is unique. Many things can go wrong if you are unprepared for your examination or don’t know what to expect.  Remember, the IME serves the insurance company, not you.  There is nothing “independent” about them. Speak with an attorney before going to your exam.   Very often, the insurance carrier will hire a private investigator to surveil you before and after the examination to see if they can catch you doing something you told the IME you could not perform.

Most of the time, this is due to a change in your disability status, either because you attended an IME or because your doctor reduced your disability rating. You are paid for being out of work, but at a rate equal to your disability. Partial disability payments are based on a percentage of your average weekly wage.  For instance, if you were earning $600.00 per week and were 100% temporarily disabled, you would be eligible for two-thirds of $600.00, which is $400.00.  If your disability rating decreased to 75%, your payment would be reduced to $300.00.   Once you are partially disabled, you have an obligation to look for work. 

A Scheduled Loss of Use (SLU) award is a statutorily prescribed monetary benefit under the New York Workers’ Compensation Law, granted to compensate a claimant for the permanent loss of functional use of a specific body part listed on the statutory schedule (WCL §15[3]). 

The schedule assigns a maximum number of weeks of compensation for each enumerated body part—for example, 312 weeks for the complete loss of use of an arm.

The degree of permanent impairment is expressed as a percentage, which is then applied to the maximum number of weeks. For instance, a 10% SLU to the arm equates to 31.2 weeks of compensation. The award is payable at the claimant’s maximum temporary total disability rate, subject to statutory caps. It is reduced by any prior awards for temporary or permanent disability affecting the same body part.

Importantly, an SLU award may be granted even without lost time from work or where the claimant has returned to full-duty employment. It is designed to compensate for the presumed future wage loss associated with the permanent impairment, regardless of actual earnings at the time of the award.

An SLU does not constitute a full and final settlement of the claim. Medical benefits related to the established injury remain open and continue to be the carrier's responsibility. Furthermore, if the claimant’s condition deteriorates, the law permits a request for a redetermination of the SLU percentage by way of a reopening under WCL §22 or a request to modify the award pursuant to WCL §123, provided the worsening is causally related to the original injury.

You need to visit the doctor every 90 days.  Your doctor must provide an update on your ongoing disability.   If you do not visit the doctor every 90 days, the insurance company may suspend your weekly payments. 

Will we combine your income from both jobs.

You may be eligible for reduced earnings benefits. As long as your injury keeps you from returning to your pre-injury wages, you will be entitled to two-thirds of the difference between your current earnings and your pre-injury earnings

If there is a lack of communication or experience, if they show disorganization or incompetence, or if they are not adequately protecting your interests, then yes, we will take over the case. 

Never settle your case unless you fully understand what you are giving up. The decision to settle depends on your specific circumstances, including the nature and extent of your injuries, your ability to return to work, your eligibility for Social Security Disability, potential third-party actions, and the possibility of future medical needs. It is crucial to consult with an attorney to assess your situation and fully grasp the implications of settling versus pursuing your claim.   Never let an insurance company intimidate you or wear you down to the point where you settle out of frustration.  Once you settle, you cannot reopen it.   

This is a growing issue that has become increasingly common. Those in charge at Workers’ Compensation believe it is a good idea to implement medicine based on the numbers—a one-size-fits-all approach.   If the requested treatment does not align with the standards outlined in the Medical Treatment Guidelines or if the request is slightly flawed, the insurance company will likely deny it.  Level One is usually a procedural denial, while Level Two typically involves a peer review. If the Level Two review is denied, your doctor must request a Level Three review from the Medical Director’s Office.  There is little point in requesting a hearing on a Level Two denial, even though the law allows it, as the Board is likely to delay or ignore the request.  Consult your doctor and have them request a Level Three review. If the Level Three review goes to the Medical Director's Office and they deny it, the Board will allow me to present the denial to a judge. To avoid unnecessary delays, I strongly recommend discussing this matter with me so we can address any flaws so that you can discuss the flaws with your doctor.  This way, the doctor has a better chance of having the treatment authorized, and it avoids unnecessary delays.  

Yes. If you are partially disabled and not working, you must remain attached to the labor market to continue receiving wage replacement benefitsunder New York Workers’ Compensation law. If you are not working and fail to conduct a persistent and good faith job search, your benefits may be suspended or denied.

This rule is well-established under New York law, including the decision in Matter of Buffalo Auto Recovery, where the court held that a casual or insincere job search is insufficient. Your job search must be ongoing, serious, and tailored to your physical restrictions.

What Should You Do First?

Start by contacting your employer to ask if they can offer you light-duty work or any position that accommodates your restrictions. If they cannot, you must actively seek employment that fits within your limitations.

Use the Required Workers’ Comp Job Search Form

You are required to use Form C-258.1 (Record of Job Search Efforts/Contacts), which is available on the Resources page of our website. This form must be used to record:

The employer name

Job title and description

Date of application

Method of contact (in-person, online, email, etc.)

Outcome and any follow-up

If You’re Applying for Jobs Online

If you are searching on Indeed, ZipRecruiter, LinkedIn, or other online platforms, you must retain your job search history. Keep records such as:

Screenshots of submitted applications

Email confirmations

Saved browser history

Also, be sure to follow up on job applications and document those follow-ups.

Mandatory Career Services Participation

You are expected to enroll in and participate with:

ACCES-VR (Adult Career and Continuing Education Services – Vocational Rehabilitation)

New York State Career Center (OneStop)

These agencies can provide support and job leads that comply with your restrictions.

Submission Requirements

All job search efforts must be documented and submitted every 60 to 90 days. Failing to timely submit documentation may lead to a loss of benefits. Our office can help review and file these records for you.

Staying Attached is Easier Than Reattaching

It is much easier to stay attached to the labor market than to reattach. If you stop looking for work or allow your efforts to lapse, and your benefits are suspended, it can take at least nine months of consistent, documented effort to prove reattachment. That’s a long time to go without income.

Can You Collect Unemployment While Partially Disabled?

Possibly. If your employer cannot offer work and you are ready, willing, and able to perform work within your restrictions, you may qualify for unemployment insurance. However, this decision has legal consequences. Please contact our office before applying.

You may be entitled to workers’ compensation benefits under New York law if you've been hurt on the job. These benefits can include payment for lost wages, medical treatment, and compensation for permanent disability, whether your injury occurred in a sudden accident or developed gradually over time.

Even when you report the injury, follow medical advice, and notify your employer, many injured workers still face denials, delays, or reduced benefits from the insurance carrier. At the Law Office of Edward Seplavy, we’ve been representing injured workers in Kingston, NY, and the Hudson Valley since 2003, fighting to ensure they receive every benefit the law provides.

We handle claims involving all workplace injuries, including accidental injuries and occupational diseases.

Types of Workplace Injuries We Handle:

1. Accidental Injuries

These injuries result from a specific, identifiable event that happens in the course of your employment. They are typically sudden and immediately disabling. Examples include:

Slips, trips, and falls on the job

Lifting injuries causing back, neck, or shoulder damage

Machinery accidents involving crush injuries or amputations

Falls from ladders or scaffolds at construction sites

Work-related motor vehicle accidents

Burns, cuts, fractures, and traumatic injuries

Accidental injuries are generally straightforward in terms of reporting, diagnosis, and tracing to the workplace. However, even these claims can be disputed by insurers — especially regarding the extent of disability or appropriate medical care.

2. Occupational Diseases (Including Repetitive Stress Injuries)

Occupational diseases are conditions that develop over time due to the nature of your job, exposure to harmful substances, or repeated physical stress. These injuries often emerge gradually and may not be tied to a single incident, but they are fully compensable under New York Workers’ Compensation Law when caused by your job duties.

This category includes what are commonly known as repetitive stress or cumulative trauma injuries. Examples include:

Carpal tunnel syndrome, tendonitis, or other repetitive use injuries

Chronic back or shoulder pain from frequent lifting or awkward postures

Joint degeneration from constant kneeling, climbing, or tool use

Hearing loss from years in noisy environments

Respiratory conditions from inhaling dust, chemicals, or mold

Skin disorders from exposure to cleaning agents, solvents, or industrial materials

To establish a compensable occupational disease claim, medical evidence must link the condition to the specific nature of your job duties over time.

3. Aggravation of Pre-Existing Conditions

A common defense in workers’ compensation cases is that the injured worker already had a medical condition. However, under New York law, this does not bar recovery. The law is clear: employers must take employees as they find them, meaning a claim is compensable if:

Work activity worsened a pre-existing symptomatic condition, or

Work activity activated an asymptomatic or dormant condition, resulting in new disability

For example, a worker with prior mild knee pain who suffers a torn meniscus after repeated squatting, or a person with undiagnosed spinal degeneration who develops foot drop from lifting, both may have valid claims.

The key legal questions in these cases are:

Did the job cause a new or worsened injury that did not previously exist in a disabling form?

Did the injury lead to a new period of disability or the need for new medical treatment?

If so, the condition is generally compensable.

Apportionment: When Does It Apply?

In aggravation claims, insurance carriers may attempt to apportion responsibility between the work-related injury and a prior condition. But under New York law, the rules are nuanced:

During periods of temporary disability, apportionment generally does not apply. The carrier is responsible for paying full benefits if the work-related event caused a disabling aggravation, regardless of prior issues.

Apportionment may apply at the time of permanency, particularly when there has been a prior established permanent disability to the same body part. In such cases, a medical examiner may determine what percentage of the overall permanent disability is attributable to the new work injury versus a pre-existing or previously adjudicated condition. This can affect the ultimate duration and value of indemnity benefits.

If there was no prior established permanency and the work injury is the first disabling event, apportionment is generally not appropriate.

At the Law Office of Edward Seplavy, we have deep experience handling complex workers’ compensation cases involving occupational diseases, repetitive stress injuries, and aggravation of pre-existing conditions. We know how to present clear, persuasive medical evidence to support your claim — and we fight aggressively to ensure you receive every dollar the law entitles you to.

Contact us today for a free consultation and let us help you secure the workers’ compensation benefits you need to recover and move forward.

In a New York Workers’ Compensation claim, nothing affects your benefits more directly than your Average Weekly Wage (AWW). Your AWW is the wage figure used to calculate how much you receive each week inindemnity benefits—payments made when your injury causes you to miss work or earn less due to a disability.

✅ Why the Average Weekly Wage Is So Important

Your workers’ comp benefit rate is usually two-thirds of your AWW (subject to a statewide cap). That means the higher your AWW, the more you receive lost wage benefits each week.

If your AWW is calculated too low, your weekly compensation rate will be too low, and you may lose thousands of dollars throughout your claim. This figure also impacts future Scheduled Loss of Use (SLU) awards and permanency classifications, making it essential to get it right from the start.

📌 How Is the Average Weekly Wage Calculated in NY Workers’ Comp?

New York Workers’ Compensation Law allows different methods to calculate AWW, depending on your work history and employment type. Some standard methods include:

260 multiplier – for full-time, year-round workers (daily wage × 260 ÷ 52)

200 multiplier – for part-time or seasonal workers (daily wage × 200 ÷ 52)

52-week actual earnings – total gross wages over the past year ÷ 52

The method used should fairly reflect your earning capacity at the time of injury, not just your limited hours or seasonal status.

⚠️ Key Situations That Can Undervalue Your AWW

🔹 Part-Time Employees

Just because you were working part-time does not mean your AWW should be based on part-time hours. If your part-time status was temporary or not reflective of your long-term work history, the law allows your AWW to be based on full-time earnings(see WCL §14[3]).

🔹 Seasonal Employment

The AWW calculation should reflect your annual earning potential if your job is seasonal (e.g., construction, agriculture). Using the 200 multiplier ensures your benefits are not unfairly lowered just because you were injured outside peak season.

🔹 Concurrent Employment (Two Jobs)

If you had multiple jobs at the time of injury, you may be entitled to include earnings from all employers when calculating your AWW. This is calledconcurrent employment, and it can significantly increase your weekly workers’ comp checks.

For example, if you worked a main job during the week and a part-time job on weekends, both wage sources can be added together under Workers’ Compensation Law §14(6)—but you must provide supporting proof like paystubs or W-2s.

💡 Why Accuracy from the Start Is Critical

Once your AWW is established and accepted by the Board or carrier, it becomes difficult to revise. Many injured workers unknowingly accept a low AWW and permanently lose out on thousands in weekly benefits and lump-sum awards. That’s why it’s crucial to:

Review the carrier’s wage statement carefully

Ensure all earnings and jobs are included

Challenge an inaccurate AWW calculation before it becomes binding

📣 Take Action: Protect Your Weekly Benefits Now

If you’ve been injured on the job and believe youraverage weekly wage was miscalculated, or you’re unsure if part-time status, seasonal work, or concurrent employment was considered correctly, don’t wait. We can help you maximize your weekly compensation benefits and ensure your wage reflects your earning capacity.

Contact our office today for a free review of your wage calculation. It could be the difference between struggling to make ends meet and receiving the full benefits you deserve under New York Workers’

Short Answer: Because a proposed decision can become final, even if it’s wrong, unless a timely objection is filed.

Long Answer: If you’ve received a Proposed Decision from the New York Workers’ Compensation Board, especially one issued by a Conciliator or Administrative Examiner, it is critical to have it reviewed by an experienced workers’ compensation attorney.

These proposed decisions are often issued in cases where the facts appear undisputed, but they may contain errors in:

-Benefit calculations

-Medical classifications

-Average Weekly Wage (AWW) determinations

-Inclusion or exclusion of body parts or injuries

-Award periods and payment amounts

If no written objection is filed within 30 days, the proposed decision becomes final and binding, even if it’s factually or legally incorrect. Once that happens, your rights may be permanently limited, including:

-The amount and duration of lost wage benefits

-Access to medical treatment

-Eligibility for permanency awards

-Future settlement value under a Section 32 agreement

Unlike a Workers’ Compensation Law Judge (WCLJ), a Conciliator has limited authority and cannot resolve contested issues. If there is any disagreement or uncertainty about the facts, the law, or the fairness of the proposed decision, you have the right to request a formal hearing.

A qualified workers’ compensation lawyer in New York can:

-Spot mistakes or unfavorable terms in the proposed decision

-File a timely objection and request a hearing before a judge

-Preserve your rights to further compensation, medical care, or classification

Do not assume the proposed decision is correct or fair just because it looks official. If you’ve received one, contact The Law Office of Edward Seplavy for a free consultation to review your case and protect your rights.